Salvadoran Generals Liable For Torture
A Florida jury found two retired Salvadoran generals liable for the torture of three civilians by their troops during the Central American nation's civil war and ordered them to pay $54.6 million in damages.
The generals, who now live in the United States, were sued by a church worker, a doctor and a professor who fled their country after being tortured by Salvadoran soldiers.
The victims sought damages from Gen. Jose Guillermo Garcia, who was defense minister from 1979 to 1983, and Gen. Carlos Eugenio Vides Casanova, who was director of the National Guard before succeeding Garcia in the top military slot in the U.S.-backed government. Both have lived in Florida since 1989.
The federal jury found that retired generals had ignored massacres and other acts of brutality against civilians.
Defense attorney Kurt Klaus said he will advise the generals not to appeal because they cannot afford the verdict.
The case hinged on whether they knew or should have known of kidnappings, rape and torture attributed to troops under their command, and failed to prevent or punish the abuse. The generals repeatedly denied wrongdoing and said they could not control rogue troops in the chaos of war against an armed leftist insurgency.
"This verdict sends a message to commanders everywhere that they are responsible for the abuses of the troops they command and they cannot come to the United States to seek a haven from punishment," plaintiffs' attorney James Green said.
Plaintiffs Carlos Mauricio, Neris Gonzalez and Dr. Juan Romagoza sued under U.S. and international law allowing courts to assess damages against perpetrators of human rights abuses committed abroad. They said soldiers and police tortured them because they believed them to be cooperating with the insurgents.
Gonzalez was eight months pregnant when soldiers raped and beat her in 1979, placing a metal bed frame over her belly and see-sawing on top of her. Her baby son was born prematurely and died of his injuries. She was awarded $21.5 million.
Tears streamed down her face as the verdict was read. She blew a kiss to the jurors and mouthed the words, "Thank you, thank you."
"I am happy, so very, very happy," Gonzalez said outside the courtroom. "The money is nice but it's not the most important thing. It is knowing that now we have justice."
In a similar lawsuit two years ago, the two generals were found not liable for the 1980 torture, rape and murder of four U.S. Catholic missionaries. An appeals court upheld that verdict earlier this year.